Pronin v. Wright et al

Filing 74

ORDER FOR DISBURSEMENT re 71 USCA Order. Signed by Magistrate Judge Kaymani D West on 7/12/2017. (mcot, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Dmitry Pronin, Plaintiff, vs. Charles Wright; Neal Urch; and L. Blackwell, Defendantsl ) ) ) ) ) ) ) ) ) ) ) CIA No. 5:16-cv-03635-HMH-KDW ORDER FOR DISBURSEMENT Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. ยง 1983. } After initial review of the matter, I! the undersigned issued a Report and Recommendation ("R&R"), recommending the distric~ court partially dismiss the Complaint without prejudice against certain defendants and deny P,1aintiff s request for certification of a class action. ECF No. :) 27. The distric_t court adopted the undersigned's R&R in an Order that dismissed Plaintiffs i Complaint against a certain defendapt, instructed Plaintiff file an Amended Complaint, denied i I Plaintiffs request/motion for certification of a class action, and remanded the case to the undersigned. ECF No. 39. On May l, 2017, Plaintiff filed a Notice of Appeal with the Fourth 1: Circuit Court of Appeals ("Fourth Circuit"), appealing the denial of class certification. ECF No. 53. On June 9, 2017, the Fourth ~ircuit granted Plaintiff leave to proceed on appeal without -1! the full prepayment of fees the terms of the Prison Litigation Reform Act. See ECF No. 66. The Fourth Circuit's ordeL required periodic withdrawal of payments by appellant's i =ii custodian from appellant's inmate tfust account. See id. However, after learning Plaintiff paid 1 $505 to this court, see ECF No. 70, on June 28, 2017, the Fourth Circuit rescinded its June 9, ' 2017 order allowing Plaintiff proce~d without prepayment. ECF No. 71. It appears to the court that Plaintiffs $505 payment to the; district court on June 27, 2017, was intended to pay his appellate fees. Therefore, the clerk of court is directed to refund Plaintiffs filing and docketing Ii I' fees already withdrawn in connection:'.with Plaintiffs appeal. IT IS SO ORDERED. July 12, 2017 Florence, South Carolina Kaymani D. West United States Magistrate Judge

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